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Statutory Responses to Domestic Minor Sex Trafficking Victims for Rhode Island
Citation preview
2014
Statutory Responses to Domestic Minor Sex Trafficking Victims
Rhode Island
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copies of the information in this document to be made, in whole or in part, by not-for-profit organizations and individuals, provided that the use is for educational, informational,
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Where is child referred after initial custody?
Where is child referred after initial custody?
When and how does court assume jurisdiction?
When and how does court assume jurisdiction?
Authority for Initial Custody:
Authority for Initial Custody:
Placement:
Placement:
Dependent(Abused/Neglected)Child
Delinquent Child
Upon petition by DCYF
Upon report by intake officer and/or DCYFagent
DCFY must apply for temporary custody and,within 30 days of initial custody, considerplacing the child with a relative who does notlive with the child's parents
Intake officer should immediately report tothe court
Custody may be taken by:- Department of Children, Youth andFamilies (DCYF) pursuant to a removal order- Law enforcement officer without court orderif there is imminent danger to the child-Physician without court order if child hasnon-accidental injury, malnutrition or sexualabuse symptoms
Police officer or probation counselor may takecustody if:- Child is found violating any law orordinance- Child's surroundings are such as to endangerhis or her health, morals, or welfare, unlessimmediate action is taken
- Protective custody under DCYF for up to 48hours if without a court order
- Release to parent/guardian upon writtenpromise to bring the child to court at thedesignated time- Place with probation counselor- Place in another detention facility
When must placement hearing be held after initial custody?
When must placement hearing be held after initial custody?
Adjudication
Adjudication
Dispositional Outcomes
Dispositional Outcomes
Dispositional Outcomes
Dispositional Outcomes
Or Alternate Process
Or Alternate Process
What are the placement options?
What are the placement options?
Rhode Island
Must occur within 30 days of the latest ofwhen:- The petition is served on the child- The child is placed in detention
- Release to parent/guardian- Foster care- Independent living facility- If not released to the parent and nofoster care ordered, DCYF mustinstitute proceeding within 30 days tofree the child for adoption.
- Release to parent/guardian- Foster care- Private home, institution, or agency licensedby the DCYF
N/A
Pending a hearing within 30 days, a child maybe held at:- Training school for youth- Custody of DCYF- A private home, institution, or agencylicensed by DCYF
N/A
- Prior to a finding that a child is delinquent,court may place petition on file and attachconditions to petition- Conditions shall be a valid court order
Child shall not be detained in protectivecustody longer than 48 hours without theexpressed approval of a justice of the familycourt
Child may not be detained for more than 24hours without being referred to family courtfor consideration
Must occur within 30 days of the latest ofwhen:- The petition is served on the child- The child is placed in detention
- Custody of parent, relative, or DCYFsubject to terms decided by the court,including probation, additionalsupervision, or parental counseling.- Commitment to training school foryouth- Community restitution
If no action is taken on the petition inthe period of one year or less, followingthe filing, the authorization issuing thepetition shall be revoked by the clerkand the petition shall be closed